Patna High Court
Umesh KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
Umesh Kumar was arrested on 13 August 2025 in connection with a case registered under Sections 64 and 351(2) of the BNS, 2023 and Sections 4 and 6 of the POCSO Act for alleged penetrative sexual assault on the minor daughter of the informant. The petitioner pleaded that he has a clean record, the FIR is fabricated, and the alleged incident date was delayed to falsely implicate him. The State and the informant’s counsel countered that the FIR contains a direct allegation of rape, the victim’s statement under Section 183 of the BNS, 2023, and a supporting medical report. The court examined the seriousness of the offence, the corroborative evidence, and the risk of tampering with evidence, and concluded that bail could not be granted. Consequently, the petition for bail was dismissed.
Issues considered
- Whether bail should be granted to the accused in a POCSO case involving alleged penetrative sexual assault of a minor.
Legislation cited
Subjects
- Bail
- POCSO
- Sexual assault
- Minor
- Criminal procedure
- Evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91094 of 2025
Arising Out of PS. Case No.-184 Year-2025 Thana- MUSAHARI District- Muzaffarpur
======================================================
Umesh Kumar S/O Manoj Ray R/O Village - Rajwara Bhagwan, P.S-
Musahari, District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Late Dharmendra Ray R/O Vill.- Rajwara, P.S- Musahari,Dist-
Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
For the Informant : Mr. Nilotpal Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 16-03-2026 Heard Mr.Ravi Ranjan, learned counsel for the
petitioner, Mr. Nilotpal Sharma, learned counsel for the
informant and Mr.Nirmal Kumar Sinha, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
13.08.2025 in connection with Musahari P.S.Case No. 184 of
2025, F.I.R. dated 02.08.2025 registered for the offence
punishable under Sections 64,351(2) of BNS,2023 and Section
4/6 of POCSO Act.
3. Allegation against the petitioner is that he
committed penetrative sexual assault with the minor daughter
of the informant.
Patna High Court CR. MISC. No.91094 of 2025(3) dt.16-03-2026
2/3
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR and
petitioner has been made accused in the present case due to
some petty dispute. It appears from the FIR that the date of
occurrence as alleged in the FIR is 01.08.2025 but the present
FIR has been instituted on 02.08.2025 after delay of one day
afterthought only to falsely implicate the petitioner in the
present case.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for bail
of the petitioner and submits that from a bare perusal of the FIR
it appears that there is direct and specific allegation against the
petitioner that he has committed rape upon the victim, apart
from that, the statement of the victim was recorded under
Section 183 of BNSS,2023 in which she has categorically stated
that the petitioner has committed rape upon her and medical
report of the victim also supports the allegation as alleged in the
FIR.
6. Considering the aforesaid facts, I am not inclined to
enlarge the petitioner on bail in connection with Musahari
Patna High Court CR. MISC. No.91094 of 2025(3) dt.16-03-2026
3/3
P.S.Case No. 184 of 2025, pending in the court of learned
Exclusive Special Judge POCSO Court No.III, Muzaffarpur.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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